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Challenge to notice for trade tax due against a company under winding up proceedings. Analysis: The petitioner-company, based in New Delhi with winding up proceedings in Delhi High Court, challenged a notice to deposit Rs. 21,34,593 as trade tax due since 1994-95 to 1996-97. The petitioner argued for suspension under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, but all inquiry stages were completed, and winding up was pending under section 20 of the Act. The High Court may order winding up based on the Board's opinion, and the Board may sell assets for distribution. The petitioner's claim of automatic suspension under section 22 was rejected, citing a Supreme Court decision that such suspension occurs only during Board inquiries, not after. The High Court mentioned in section 20 refers to the court where winding up is pending, not for revival consideration. The court dismissed the petition, stating it lacked merit. In conclusion, the court dismissed the writ petition challenging a trade tax notice against a company under winding up proceedings. The court clarified that automatic suspension under section 22 does not apply post-inquiry completion. The High Court mentioned in section 20 pertains to the court handling winding up, not revival consideration. The court rejected arguments citing previous judgments, emphasizing the need for the winding up court to assess revival viability. The petition was deemed meritless and dismissed without costs.
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